The rights of agency workers

The second half of 2011 looks
likely to be the calm before the storm in terms of employment law
legislation; the government will focus on reviewing and consulting
on which areas require change, rather than bringing new legislation
into force. However, the much anticipated Agency Worker
Regulations 2010 come into force on 1 October 2011.
These provide a significant improvement in the employment
rights of agency workers.

The regulations cover agency
workers supplied by a temporary worker agency to a hirer.
This includes most agency workers and those traditionally referred
to as 'temps'. To establish rights in these regulations the
agency worker needs to be able to establish a comparator.

The regulations don't cover the
genuinely self employed, individuals working through their own
company or individuals working on managed service contracts.

From day one of their engagement,
an agency worker will be entitled to:

- The same access to facilities
such as staff canteens, childcare and transport as a comparable
employee of the hirer.

- Be informed about job
vacancies.

After a 12 week qualifying
period an agency worker will be entitled to the same basic
conditions of employment as if they had been directly employed
by the hirer on day one of the assignment, specifically:

- Pay - including any fee, bonus,
commission, or holiday pay relating to the
assignment. It does not include redundancy pay
and maternity/paternity pay.

- Working time rights - for
example, including any annual leave above the minimum required by
law.

Agency workers will also be
entitled to paid time off for ante-natal appointments during their
working hours.

Interestingly the 12 week
qualifying period does not have to be continuous. Most breaks
between or during an assignment to the same job that are less
than six weeks in length will simply pause the accrual of the 12
week qualifying period. Most breaks of longer than six
weeks will break continuity.

The accrual of 12 weeks
qualifying period can be paused by:

- Absences for sickness and
jury service (for up to 28 weeks).

- Annual leave, shut downs (e.g.
factory closures and school holidays) and industrial action (for
the duration of the absence).

Please let us have your views about
how you feel the regulations will help or hinder your
business. We will be updating you about the regulations and
running a series of seminars in the coming months.